Rhode Island Hospital Trust Co. v. Pitcher
Supreme Court of Rhode Island
Bill in Equity for instructions. Marcy Pitcher, a resident of that part of the town of Pawtucket, in the County of Bristol and State of Massachusetts, which has been annexed to the State of Rhode Island, died testate, leaving a will which was duly proved before the Court of Probate, in said County of Bristol. The will appointed as executor Henry P. Knight, who died before the testatrix.
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Bill in Equity for instructions. Marcy Pitcher, a resident of that part of the town of Pawtucket, in the County of Bristol and State of Massachusetts, which has been annexed to the State of Rhode Island, died testate, leaving a will which was duly proved before the Court of Probate, in said County of Bristol. The will appointed as executor Henry P. Knight, who died before the testatrix. The complainant was appointed by the Probate Court of the town of Pawtucket, in Rhode Island, administrator with the will annexed of the estate of said Marcy Pitcher. Her will contains the following clause : “…
1Per curiam
Our opinion is, that the complainant corporation in its capacity of administrator de bonis non on the estate of Marcy Pitcher, with the will annexed, did not succeed to the powers given to the executor of her will by the clause thereof which is recited in the bill. The powers are out of the ordinary scope of an executor’s functions and purely discretionary, and the rule is, that an administrator appointed in the place of an executor does not succeed to such powers unless it is apparent from the will that it is intended that he shall do so. Ingle v. Jones, 9 Wall. 486. It is only by statute…
2Cases cited1 opinion
- Ingle v. JonesSupreme Court of the United States · 1870
3Cited by1 opinion
- State v. NicolSupreme Court of Louisiana · 1878